logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2017.11.24 2017가단120838
손해배상(기)
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 10, 2014, the Plaintiff and the Defendant got a Si guard on the road and wraped each other. At the time, the Defendant, by taking several times of the Plaintiff’s face and lusiums, inflicted an injury upon the Plaintiff’s left side by following the Plaintiff’s “alleys of the sloping slopings, the slopings of the slopings (all parts) accompanied by the sloping slopings (all parts).”

B. On August 18, 2014, the Plaintiff was hospitalized in the Hanyang University Hospital on the same day due to the said injury, and was discharged on August 25, 2014.

[Grounds for Recognition: Evidence No. 3, Evidence No. 4-1, 2, and 3-2, the purport of the whole pleadings]

2. Determination on this safety defense

A. As to the lawsuit in this case where the plaintiff claimed against the defendant the total sum of KRW 30,664,636 of the daily income, medical expenses and future medical expenses and consolation money due to the tort in paragraph (a) of the above facts acknowledged, the defendant asserts that the lawsuit in this case is unlawful, since the plaintiff made an agreement with the defendant to bring an action against the defendant.

B. (i) In addition to the respective statements in evidence Nos. 1, 3, and 5 (including additional numbers), the Plaintiff’s father C as the Plaintiff’s agent on September 26, 2014, agreed with the Defendant that the Defendant would pay the Plaintiff medical expenses of KRW 2,00,000 with respect to the tort in paragraph (a) and would not raise any objection including a civil or criminal lawsuit in the future (hereinafter “instant agreement”), and the Defendant paid the Plaintiff KRW 500,000 out of the above agreed amount, and KRW 50,000,000 on January 16, 2015, and the remainder of KRW 1,00,000 as the Seoul District Court Decision No. 3274, Aug. 23, 2016; thus, according to the agreement between the Plaintiff and the Defendant, the Defendant’s lawsuit for reimbursement of the damages in the instant case is reasonable to deem the Defendant’s lawsuit against the tort in accordance with the agreement between the Plaintiff and the Plaintiff.

arrow